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Opinions Jan. 13, 2017

January 13, 2017
KEYWORDS Opinions

Indiana Court of Appeals
Rodney Tyms-Bey v. State of Indiana
49A05-1603-CR-439
Criminal. Affirms the trial court’s order granting the state’s motion to strike Rodney Tyms-Bey’s notice of defense under Indiana’s Religious Freedom Restoration Act. Finds as a matter of law that the state’s compelling interest in a uniform and mandatory taxation system falls into the statutory exception such that RFRA affords no relief to Tyms-Bey. Remands for proceedings. Judge Edward Najam dissents with separate opinion.

Samuel W. Koonce v. Kim M. Finney
32A04-1604-CT-806
Civil tort. Affirms a trial court order denying  Samuel Koonce’s verified motion for relief from judgment pursuant to Trial Rule 60(B)(6) and his verified motion to clarify dissolution decree. The trial court did not err when it denied these motions in Koonce’s complaint seeking to void an order that divided his military pension as part of the marital estate.

K.G. v. State of Indiana
49A05-1606-JV-1231
Juvenile. Affirms adjudication as a delinquent for what would be Class A misdemeanor theft of committed by an adult. K.G.’s argument that the case should have been dismissed because a fact-finding hearing was not commenced within 60 days was rejected as the statute provides continuances, which were properly granted in this case.

X.T. v. State of Indiana (mem. dec.)
49A05-1605-JV-1126
Juvenile. Affirms the juvenile court’s finding that X.T. violated a condition of probation. Finds there is sufficient evidence to support the juvenile court’s finding. Also finds no error in the juvenile court’s dispositional order.

Ricky Snelling v. State of Indiana (mem. dec.)
25A05-1607-CR-1707
Criminal. Affirms the Fulton Circuit Court’s calculation of credit time in Ricky Snelling’s probation revocation case. Finds that the trial court’s order was proper.

Samuel Pinkston v. State of Indiana (mem. dec.)
18A04-1607-CR-1629
Criminal. Affirms the Delaware Circuit Court’s order that Samuel Pinkston serve all of his six year sentence in the Department of Correction. Finds that the trial court’s order was not erroneous.

In the Matter of D.T.T., A Child Alleged to be in Need of Services, M.T. v. Indiana Department of Child Services (mem. dec.)
79A02-1605-JC-1147
Juvenile. Affirms D.T.T.’s adjudication as a child in need of services. Finds that the evidence supports the Tippecanoe Superior Court’s findings and the findings support the CHINS determination.

Craig Nesbitt v. State of Indiana (mem. dec.)
49A02-1606-CR-1233
Criminal. Affirms Craig Nesbitt’s convictions for kidnapping as a Level 3 felony, and battery by means of a deadly weapon as a Level 5 felony. Finds that the evidence is sufficient.

Edward M. Tate, Jr. v. State of Indiana (mem. dec.)
49A05-1602-CR-369
Criminal. Affirms Edward M. Tate’s conviction of Class A misdemeanor carrying a handgun without a license and the fees imposed. Finds that the state presented sufficient evidence to prove Tate was carrying a handgun without a license. Also finds that the Marion Superior Court did not abuse its discretion in ordering fees.

Lavon Washington v. State of Indiana (mem. dec.)
27A05-1604-CR-749
Criminal. Affirms Lavon Washington’s sentence to a total of 13 ½ years, with credit for 104 days served, for Level 5 felony battery, Level 6 felony residential entry and 26 counts of Level 6 felony invasion of privacy. Finds that the Grant Superior Court did not abuse its discretion in declining to find any mitigating circumstances.

Nancy L. Robinson v. James Robinson (mem. dec.)
03A05-1602-DR-408
Domestic relation. Affirms the decree dissolving Nancy and James Robinson’s marriage. Finds that Nancy Robinson wholly fails to present a cogent argument supported by citations to legal authority and record evidence. Also finds that her brief’s shortcomings impeded review of her appeal and that she has waived review of the issues she raises.

Samuel L. Wait v. State of Indiana (mem. dec.)
20A03-1512-PC-2304
Post conviction. Affirms the denial of Samuel Wait’s petition for post-conviction relief from his child-molesting conviction. Finds that Wait did not receive ineffective assistance of trial, appellate or post-conviction counsel.

Dwana Prince v. State of Indiana (mem. dec.)
49A04-1604-CR-837
Criminal. Affirms Dwana Prince’s conviction for false reporting. Finds that the Marion Superior Court erred by admitting hearsay but that the errors were harmless.

In the Termination of the Parent-Child Relationship of: B.L.D.H. (Minor Child), and D.D. (Mother) & B.H. (Father) v. The Indiana Department of Child Services (mem. dec.)
22A05-1606-JT-1325
Juvenile termination of parental rights. Affirms the Floyd Circuit Court’s order terminating D.D. and B.H.’s parent-child relationship with their child, B.L.D.H. Finds that the evidence is sufficient to support the order.

Rachea Eytcheson v. Jason Eytcheson (mem. dec.)
57A03-1607-DR-1711
Domestic relation. Reverses the Noble Circuit Court’s decision to set aside one-third of Jason Eytcheson’s 401(k). Finds that because Eytcheson did not present any evidence of the amount he contributed to his 401(k) account in the eight years before he married Rachea Eytcheson or the value of his account when the parties got married, the decision to set aside one-third of the account was an abuse of discretion. Remands with an order to include that amount in the marital pot for division with Rachea Eytcheson.

Kazie Sekou Cole v. State of Indiana (mem. dec.)
71A03-1605-CR-1034
Criminal. Affirms Kazie Sekou Cole’s conviction for aggravated battery as a Level 3 felony. Finds that the evidence is sufficient to support his conviction.

Zachary Asher v. State of Indiana (mem. dec.)
49A02-1606-CR-1311
Criminal. Affirms Zachary Asher’s conviction of carrying a handgun without a license as a Level 5 felony and two counts of resisting law enforcement as Class A misdemeanors. Finds that the Marion Superior Court did not err when it found that Asher waived his right to a jury trial. Also finds that the trial court did not abuse its discretion when it admitted evidence over his objection. Finds that there was sufficient evidence to sustain Asher’s conviction for carry a handgun without a license.

Brian S. Moore v. Del Anderson (mem. dec.)
49A04-1605-CT-955
Civil tort. Affirms the denial of Brian S. Moore’s pro se motion to correct error, which challenged a grant of summary judgment in favor of guardian ad litem Del Anderson on Moore’s claim of intentional infliction of emotional distress arising from Anderson’s alleged perjury in custody modification proceedings involving Moore’s children with Christy Moore. Finds that the Marion Superior Court properly granted summary judgment in favor of Anderson.
 

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